No C 253/18 Official Journal of the European Communities 10.10.86
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No C 253/18 Official Journal of the European Communities 10.10.86 PROTOCOL CONCERNING PROTECTED AREAS AND WILD FAUNA AND FLORA IN THE EASTERN AFRICAN REGION THE CONTRACTING PARTIES TO THE PRESENT PROTOCOL, Being parties to the Convention for the protection, management and development of the marine and coastal environment of the Eastern African region, done at Nairobi on 21 June 1985, Conscious of the danger from increasing human activities which are threatening the environment of the Eastern African region, Recognizing that natural resources constitute a heritage of scientific, cultural, educational, recreational and economic value that needs to be effectively protected, Stressing the importance of protecting and, as appropriate, improving the state of the wild fauna and flora and natural habitats of the Eastern African region among other means by the establishment of specially protected areas in the marine and coastal environment, Desirous of establishing close cooperation among themselves in order to achieve that objective, HAVE AGREED AS FOLLOWS: Article 1 Article 3 Definitions Protection of wild flora For the purposes of this Protocol: The Contracting Parties shall take all appropriate (a) 'Eastern African region' means the Convention area measures to ensure the protection of the wild flora as defined in paragraph (a) of Article 2 of the species specified in Annex I. To this end, each Convention. It shall also include the coastal areas of Contracting Party shall, as appropriate, prohibit activities the Contracting Parties and their internal waters having adverse effects on the habitats of such species, as related to the marine and coastal environment; well as the uncontrolled picking, collecting, cutting or uprooting of such species. Each Contracting Party shall, (b) 'Convention' means the Convention for the as appropriate, prohibit the possession or sale of such protection, management and development of the species. marine and coastal environment of the Eastern African region; Article 4 (c) 'Organization' means the body referred to in paragraph (c) of Article 2 of the Convention. Species of wild fauna requiring special protection Article 2 The Contracting Parties shall take all appropriate measures to ensure the strictest protection of the General undertaking endangered wild fauna species listed in Annex II. To this end, each Contracting Party shall strictly regulate and, 1. The Contracting Parties shall take all appropriate where required, prohibit activities having adverse effects measures to maintain essential ecological processes and on the habitats of such species. In particular, the life support systems, to preserve genetic diversity, and to following activities shall, where required, be prohibited ensure the sustainable utilization of harvested natural with regard to such species: resources under their jurisdiction. In particular, the Contracting Parties shall endeavour to protect and (a) all forms of capture, keeping or killing; preserve rare or fragile ecosystems as well as rare, depleted, threatened or endangered species of wild fauna and flora and their habitats in the Eastern African (b) damage to, or destruction of, critical habitats; region. (c) disturbance of wild fauna, particularly during the 2. To this end, the Contracting Parties shall develop period of breeding, rearing and hibernation; national conservation strategies and coordinate, if appro priate, such strategies within the framework of regional (d) destruction or taking of eggs from the wild or conservation activities. keeping these eggs even if empty; 10. 10. 86 Official Journal of the European Communities No C 253/19 (e) possession of and internal trade in these animals, Article 8 alive or dead, including stuffed animals and any readily recognizable part or derivative thereof. Establishment of protected areas 1. The Contracting Parties shall, where necessary, Article 5 establish protected areas in areas under their jurisdiction with a view to safeguarding the natural resources of the Harvestable species of wild fauna Eastern African region and shall take all appropriate measures to protect those areas. 1. The Contracting Parties shall take all appropriate measures to ensure the protection of the depleted or 2. Such areas shall be established in order to threatened wild fauna species listed in Annex III. safeguard: (a) the ecological and biological processes essential to 2. Any exploitation of such wild fauna species shall be the functioning of the Eastern African region; regulated in order to restore and maintain the popu lations at optimum levels. Each Contracting Party shall (b) representative samples of all types of ecosystems of develop, adopt and implement management plans for the the Eastern African region; exploitation of such species which may include: (c) populations of the greatest possible number of (a) the prohibition of the use of all indiscriminate means species of fauna and flora depending on these of capture and killing and of the use of all means ecosystems; capable of causing local disappearance of, or serious (d) areas having a particular importance by reason of disturbance to, populations of a species; their scientific, aesthetic, cultural or educational (b) closed seasons and other procedures regulating purposes. exploitation; 3. In establishing protected areas, the Contracting (c) the temporary or local prohibition of exploitation, as Parties shall take into account, inter alia, their appropriate, in order to restore viable population importance as: levels; (a) natural habitats, and in particular as critical habitats, for species of fauna and flora, especially those which (d) the regulation, as appropriate, of sale, keeping for are rare, threatened or endemic; sale, transport for sale or offering for sale of live and dead wild animals; (b) migration routes or as wintering, staging, feeding or moulting sites for migratory species; (e) the safeguarding of breeding stocks of such species and their critical habitats in protected areas (c) areas necessary for the maintenance of stocks of designated in accordance with Article 8 of this economically important marine species; Protocol; (d) reserves of genetic resources; (f) exploitation in captivity. (e) rare or fragile ecosystems; (f) areas of interest for scientific research and Article 6 monitoring. Migratory species Article 9 The Contracting Parties shall, in addition to the Common guidelines, standards or criteria measures specified in Article 3, 4 and 5, coordinate their efforts for the protection of migratory species listed in The Contracting Parties shall, at their first meeting, and Annex IV whose range extends into their territories. To in cooperation with the competent regional and inter this end, each Contracting Party shall ensure that, where national organizations, formulate and adopt guidelines, appropriate, the closed seasons and other measures standards or criteria concerning the identification, referred to in paragraph 2 of Article 5 are also applied selection, establishment and management of protected with regard to such migratory species. areas. Article 7 Article 10 Introduction of alien or new species Protection measures The Contracting Parties shall take all appropriate The Contracting Parties, taking into account the char measures to prohibit the intentional or accidental intro acteristics of each protected area, shall take, in duction of alien or new species which may cause conformity with international law, the measures required significant or harmful changes to the Eastern African to achieve the objectives of protecting the area, which region. may include: No C 253/20 Official Journal of the European Communities 10.10.86 (a) the organization of a planning and management (b) to cause either the extinction of, or any substantial system; reduction in, the number of individuals making up the species or animal and plant populations within (b) the prohibition of the clumping or discharge of the protected ecosystems, or any ecologically wastes or other matter which may impair the connected species or populations, particularly protected areas; migratory, endemic, rare, depleted, threatened or endangered species. (c) the regulation of pleasure craft activities; 2. Contracting Parties which allow exemptions under (d) the regulation of fishing and hunting and of the paragraph 1 of this Article with regard to protective capture of animals and harvesting of plants; measures shall inform the Organization accordingly. (e) the prohibition of the destruction of plant life or Article 13 animals; Frontier protected areas (f) the regulation of any act likely to harm or disturb the fauna or flora, including the introduction of 1. If a Contracting Party intends to establish a non-indigenous animal or plant species; protected area contiguous to the frontier or to the limits of the zone of national jurisdiction of another (g) the regulation of any activity involving the Contracting Party, the two Contracting Parties shall, as exploration or exploitation of the sea-bed or its necessary, consult each other with a view to reaching subsoil or a modification of the sea-bed profile; agreement on the measures to be taken and shall, among other things, examine the possibility of the establishment (h) the regulation of any activity involving a by the other party of a corresponding protected area or modification of the profile of the soil or the buffer area. exploitation of the subsoil of the coastal area; 2. If a Contracting Party intends to establish a (i) the regulation of